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DECREE No

DECREE No. 72/2002/ND-CP OF AUGUST 6, 2002 DETAILING THE IMPLEMENTATION OF THE ORDINANCE ON LIBRARY

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the December 28, 2000 Ordinance on Library;

In order to organize and guide the implementation of the Ordinance on Library;

At the proposal of the Minister of Culture and Information,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation and objects of application

1. This Decree details the implementation of the Ordinance on Library regarding the organization and operation of libraries; the rights and responsibilities of organizations and individuals in library activities; the State�s policies toward library development investment; and the State management over library activities.

2. This Decree shall apply to:

a/ Vietnamese organizations and individuals engaged in library activities;

b/ Overseas Vietnamese, foreign organizations and individuals currently residing and working in Vietnam in library activities, unless otherwise provided for by international agreements which the Socialist Republic of Vietnam has signed or acceded to.

Chapter II

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS IN LIBRARY ACTIVITIES

Article 2.- Responsibilities of libraries toward users of library documentary stocks

1. Libraries shall have to create conditions for Vietnamese organizations and individuals, overseas Vietnamese and foreign organizations and individuals currently residing and working in Vietnam to get access to documents at libraries or borrow them home in compliance with the libraries� regulations and internal rules.

2. Local public libraries shall have to build up sections of documents in ethnic minority languages suitable to the characteristics of population in their respective localities, with a view to serving this category of readers.

3. Local public libraries, libraries of general education schools and other educational institutions, children�s cultural palaces and houses shall have to build up sections of documents suitable to children�s ability, psychological and physical characteristics and age groups; organize document-reading and -borrowing rooms to exclusively serve children.

4. Public libraries shall have to coordinate with the Blind People�s Society in building up sections of books and newspapers in Braille and other special forms of document in service of visually handicapped people.

5. Libraries of detention camps and custody houses shall have to create conditions for persons who are serving imprisonment sentences or being in custody to use documents of such libraries.

6. Regarding library activities funded by the State budget, elderly people defined in the April 28, 2000 Ordinance on the Elderly and disabled people defined in the July 30, 1998 Ordinance on the Disabled, who, due to their poor health conditions, cannot go to libraries, shall be served with library documents at home free of charge via mail or by itinerant libraries, when they file applications therefor certified by the People�s Committees of communes, wards or district townships.

The General Department of Post and Telecommunications shall assume the prime responsibility and coordinate with the Ministry of Culture and Information and the Ministry of Finance in providing for the postage exemption for the sending of books and newspapers by libraries via mail to the above-said categories of readers.

Article 3.- Responsibilities of users of library documentary stocks

Users of library documentary stocks shall have to:

1. Abide by libraries� internal regulations;

2. Preserve libraries� documentary stocks and property; not to steal, fraudulently exchange, tear out, cut, wrinkle up, damage, draft or inscribe on pages of books, newspapers and other documents of libraries; not to illegally duplicate or copy library documents; not to damage equipment, facilities, machines and other utensils of libraries or take other acts damaging the library documentary stocks and property;

3. Take part in the building and development of libraries in forms and with contents prescribed in Articles 11 and 16 of this Decree;

4. If they commit acts of violating the provisions in Clause 2 of this Article or other acts of violation, they shall, depending on the nature and seriousness of their violations, have to bear penal liability or be administratively sanctioned or make compensations for damage according to the provisions of law.

Chapter III

ORGANIZATION AND OPERATION OF LIBRARIES

Article 4.- Public libraries

Public libraries are those having general documentary stocks in all branches or scientific fields and serving all categories of readers.

Public libraries include Vietnam National Library, those established by the People�s Committees of the provinces and centrally-run cities (hereinafter referred to as provincial-level libraries), those established by the People�s Committees of rural districts, urban districts, provincial towns and provincially-run cities (hereinafter referred to as district-level libraries), and those established by the People�s Committees of communes, wards and district townships (hereinafter referred to as commune-level libraries).

Vietnam National Library shall submit to the direct management by the Ministry of Culture and Information. The provincial-, district- or commune-level libraries shall submit to the direct management by the culture and information agencies of the same level.

Article 5.- The position and role of Vietnam National Library

Vietnam National Library is the central library of the whole country in the following domains:

1. Building and preserving the store of national publications, gathering and storing documents on Vietnam of Vietnamese and foreign authors;

2. Circulating and exchanging documents between domestic and foreign libraries;

3. Receiving copyright deposit copies of domestic publications according to the Publication Law, Vietnamese citizens� doctoral theses defended at home or abroad or those of foreign citizens defended in Vietnam;

4. Compiling and publishing the national bibliography, and coordinating with the central libraries of the ministries and branches as well as the domestic library system in compiling Vietnam�s General Bibliography;

5. Conducting librarian and bibliographical studies; giving professional instructions to libraries throughout the country according to the assignment by the Ministry of Culture and Information.

Article 6.- Specific rights and tasks of provincial-, district- and commune-level libraries

The specific rights and tasks of provincial-, district- and commune-level libraries defined in Article 18 of the Library Ordinance are specified as follows:

1. Provincial-level libraries:

a/ To collect and preserve precious and rare ancient documentary stocks available in their localities; to gather, store and preserve documents published in their localities and about their localities; to organize the introduction of these documents to readers in service of the cause of local construction and development.

The provincial/municipal Culture and Information Services, after receiving copyright deposits of local publications according to the Publication Law, shall have to transfer to provincial-level libraries at least one copy per document title;

b/ To take part in building district- and commune-level libraries, and grassroots libraries and bookcases; to build circulating documentary stocks and organize the circulation of books and newspapers to district- and commune-level libraries, and grassroots libraries and bookcases; to organize itinerant libraries to serve people in their localities;

c/ To direct and give professional instructions to district-level libraries; to organize professional fostering courses for librarians; to coordinate operations and exchange documents with libraries established by local agencies and organizations.

2. District-level libraries:

a/ To build commune-level libraries and grassroots libraries and bookcases; to organize the circulation of books and newspapers to commune-level libraries and grassroots libraries and bookcases; to launch reading movements among the population;

b/ To provide professional instructions for commune-level libraries and libraries established by the local agencies and organizations.

3. Commune-level libraries:

a/ To organize the introduction of books and newspapers to people in their localities;

b/ To launch movements of reading and doing as told in books and newspapers; to form the reading habit among local population.

Article 7.- Multi-discipline or specialized libraries

Multi-discipline libraries are those having documentary stocks in different branches and scientific fields. Specialized libraries are those having specialized documentary stocks on a specific branch or scientific field.

Multi-discipline and specialized libraries exclusively serve readers being officials, employees and professional staff of their managing agencies or organizations. Besides, they may serve other categories of readers in compliance with their internal regulations or rules.

Multi-discipline and specialized libraries are established by State agencies, scientific research institutes or centers, schools and other educational institutions, people�s armed force units, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations and public-service units and submit to the direct management by such agencies or organizations.

Article 8.- Specific rights and tasks of multi-discipline and specialized libraries

The specific rights and tasks of multi-discipline and specialized libraries defined in Article 19 of the Library Ordinance are further specified as follows:

1. Libraries of scientific research institutes or centers are tasked to build up specialized documentary stocks on one or more than one scientific field in service of readers wishing to research into or refer to one or more than one scientific field;

2. Libraries of schools and other educational institutions:

a/ Libraries of universities and colleges are tasked to build up documentary stocks to meet researching, teaching and learning demands of teachers and learners within such universities and colleges;

b/ Libraries of schools in the vocational education system are tasked to build up documentary stocks to meet teaching demands of teachers and studying and professional skill-training demands of learners;

c/ Libraries of schools in the general education system are tasked to build up documentary stocks to meet demands for educational reform, and raising of teaching and studying quality of teachers and learners.

3. Libraries of State agencies are tasked to build up documentary stocks to meet the research and reference demands of officials and public employees in service of their professional tasks;

4. Libraries of people�s armed force units are tasked to build up specialized documentary stocks on the defense-security domain to meet the research, reference and study demands of officers and soldiers within such units;

5. Libraries of political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations and public-service units are tasked to build up specialized documentary stocks on fields under their respective management or within the scope of their research and operation.

Article 9.- Tasks of libraries

1. To organize the service of assorted categories of readers who use library documentary stocks; to set a service schedule suitable to living, working and studying conditions of people of all social strata; to intensify activities of lending documents outside the libraries in order to facilitate all library users; not to set out regulations restricting the readers� library use right.

2. To develop documentary stocks in compatibility with characteristics, tasks and service subjects of libraries. To periodically sort out from their storage those documents which no longer have any use value or which are irreparably damaged or ragged, except rare and valuable documents recognized as cultural heritage which shall be processed and preserved according to the Cultural Heritage Law. The criteria and procedures for sorting out documents shall be prescribed by the Ministry of Culture and Information in coordination with the Ministry of Finance.

3. To widely and promptly popularize the library documentary stocks in forms of bibliographical information and reference instructions as well as other forms of information and propagation, thus bringing into full play the contents of documentary stocks available in the libraries in service of immediate and long-term tasks of the branches and localities.

4. To process information and compile scientific information publications in compatibility with the functions and tasks of libraries.

5. To expand interrelationships among domestic and foreign libraries by connecting computer networks or by borrowing and/or exchanging documents.

6. To organize fostering courses on library profession and operation; to create favorable conditions for librarians to raise their professional skills.

7. To research into and apply scientific and technological advances, especially information technology in order to modernize library activities.

8. To preserve documentary stocks, facilities, equipment, material bases and other assets of libraries.

Article 10.- Rights of libraries

1. To exchange documents with libraries, organizations and individuals at home and abroad. The exchange of documents with foreign libraries, organizations and individuals must comply with the law provisions on export and import of cultural products not for business purposes.

2. To join information-library networks at home and abroad; the joining in the information-library networks must comply with the provisions of the legislation on management and use of computer networks and Internet services.

3. To join domestic and international professional librarianship associations in compliance with the provisions of law.

4. To expand the international exchange and cooperation; to participate in regional and international conferences and symposiums; to conduct research, training and/or consultancy activities; to receive financial assistance and support from foreign libraries, organizations and individuals.

Article 11.- Activities organized by libraries

1. Activities of library development; activities of library profession: collecting, sorting and processing documents; organizing the circulation of books and newspapers; organizing scientific seminars in the library field.

2. Activities of propagating and introducing libraries, documents and library services with a view to attracting readers to use libraries.

3. Launching book and newspaper-reading movements among the population; organizing readers� meetings and clubs; building up a contingent of library collaborators.

Article 12.- Archival of documents with contents specified in Clause 1, Article 5 of the Library Ordinance

1. Libraries which are allowed to archive documents with contents specified in Clause 1, Article 5 of the Library Ordinance include: Vietnam National Library; multi-discipline and specialized libraries of the ministries and ministerial-level agencies; Hanoi Library and the General Science Library of Ho Chi Minh City.

2. The archival and use of documents with contents specified in Clause 1, Article 5 of the Library Ordinance in service of research and reference demands shall comply with the law provisions on archival and protection of the State secrets.

Chapter IV

THE STATE�S INVESTMENT POLICIES TOWARD LIBRARIES

Article 13.- For libraries operating with the State budget�s funding

Libraries operating with the State budget�s funding include:

1. Vietnam National Library;

2. Provincial-, district- and commune-level libraries;

3. Libraries of schools and other educational institutions financed by the State capital;

4. Libraries of State agencies;

5. Libraries of the State�s scientific research institutes or centers;

6. Libraries of people�s armed force units;

7. Libraries of political organizations and socio-political organizations.

Article 14.- Investment policies toward libraries operating with the State budget�s funding

1. To ensure funding for libraries to develop their documentary stocks, build material-technical bases along the direction of modernization, step by step realizing the library electronization and automation, build e-libraries and develop digital libraries, and expand library activities; to create cultural surroundings and environment with a view to raising the quality of the services for readers; to organize the exploitation and use of documentary and information stocks and other library activities in strict accordance with the targets and plans already approved by the competent State agencies.

2. To make intensive investment in libraries with particularly important positions, including Vietnam National Library, the Library of the Social Science Information Institute (under the National Center for Social Sciences and Humanities), the Central Science and Technique Library (belonging to the National Center for Scientific and Technological Information and Documentation), the Army�s Library, Hanoi Library and the General Science Library of Ho Chi Minh City.

3. To prioritize the investment in the building and consolidation of material-technical bases and documentary stocks of district libraries in the regions with difficult socio-economic conditions and those with particularly difficult socio-economic conditions. The specific list of those regions shall comply with the current law provisions.

4. To prioritize the allocation of land to and create favorable conditions for libraries to be built in cultural or administrative centers, which are traffic-convenient and meet requirements for a cultural surrounding and environment.

5. To build up a contingent of librarians with adequate professional qualifications; to adopt preferential policies for the profession, such as the regime of toxic and hazardous allowance, itinerant service allowance and other regimes suitable to the librarianship�s particularities.

6. The State shall adopt policies on investment in the compilation and publishing of books and newspapers for children, books and newspapers in ethnic minority languages and documents exclusively for blind people in service of such category of readers.

Article 15.- The State�s policies toward libraries operating without the State budget�s funding

1. Libraries of schools and other educational institutions, which do not use the State�s capital, and those of social organizations and socio-professional organizations, economic organizations, scientific research institutions, which operate without the State budget�s funding, shall enjoy preferential policies regarding material bases, land, finance and credit according to the provisions of the Government�s Decree No.73/1999/ND-CP of August 19, 1999 on the policy of encouraging the socialization of activities in fields of education, healthcare, culture and physical training and sports.

2. Librarians in libraries operating without the State budget�s funding shall be exempt from study fees when they attend professional fostering courses organized by the culture and information service.

Article 16.- Socialization of library activities

The State shall adopt the policy of socializing library activities, encouraging Vietnamese and foreign organizations and individuals to donate documents and money and contribute labor to the library development, and participate in activities organized by libraries as specified in Article 11 of this Decree and other activities prescribed by the library legislation.

Article 17.- The State�s policies toward documents and collections of documents with special historic, cultural and/or scientific values of individuals, families and family clans

1. The State shall provide technical assistance in preserving documents or collections of documents with special historic, cultural and/or scientific values of individuals, families and family clans for the purpose of maintaining and preserving the national documentary heritage.

2. The Minister of Culture and Information shall prescribe the procedures for considering and approving, as well as bases for determining the value of documents and collections of documents.

For documents and collections of documents, which are recognized as cultural heritage, the provisions of the Cultural Heritage Law shall apply.

Chapter V

RESPONSIBILITIES OF THE MINISTRIES, THE MINISTERIAL-LEVEL AGENCIES, THE AGENCIES ATTACHED TO THE GOVERNMENT AND THE PEOPLE�S COMMITTEES OF ALL LEVELS FOR THE STATE MANAGEMENT OVER LIBRARIES

Article 18.- Responsibilities of the Ministry of Culture and Information

1. To be answerable to the Government for the elaboration and direction of implementation of strategy, planning and plans for development of libraries.

2. To compile and submit to the Government draft laws, ordinances and legal documents on libraries; to issue according to its own competence legal documents on libraries.

3. To organize training and fostering courses for raising political, managerial and professional levels of the contingent of librarians.

4. To organize the operation registration for Vietnam National Library and libraries of the central agencies and organizations.

5. To elaborate and promulgate standards and regulations concerning librarianship profession, model statute on organization and operation of each type of libraries and model internal rules of libraries.

6. To organize and manage activities of researching into and applying scientific and technological achievements to the library field.

7. To organize and direct the work of emulation and commendation in library activities.

8. To organize and manage the international cooperation in library activities according to its competence.

9. To conduct examinations and inspections of the observance of the library legislation; to settle complaints and denunciations and handle violations of the library legislation according to the provisions of law.

Article 19.- Responsibilities of the Ministry of Finance

1. To assume the prime responsibility and coordinate with the Ministry of Culture and Information and the concerned ministries in working out norms of State budget spending on library activities according to Clause 1, Article 14 of this Decree for each library type or grade.

2. To ensure the regular, timely and full allocation of funds to libraries according to the provisions of the legislation on the State budget.

3. To inspect and examine the management and use of library operation funds.

4. To guide the collection, payment, management and use of library fees and charges according to the provisions of the legislation on fees and charges.

Article 20.- Responsibilities of the Ministry of Planning and Investment

To assume the prime responsibility and coordinate with the Ministry of Culture and Information, the concerned ministries and branches and the provincial/municipal People�s Committees in working out plans on investment in building material-technical bases for the library network throughout the country, with special attention paid to libraries with particularly important positions and district-level libraries in the regions with particularly difficult socio-economic conditions defined in Clauses 2 and 3, Article 14 of this Decree.

Article 21.- Responsibilities of the Government Commission for Organization and Personnel

To assume the prime responsibility and coordinate with the Ministry of Culture and Information in:

1. Formulating regimes and policies toward librarians, suitable to the librarianship�s particularities.

2. Elaborating the library-grading criteria, and payroll norms, then submitting them to the Prime Minister for decision.

Article 22.- Responsibilities of the ministries, ministerial-level agencies and agencies attached to the Government

1. To work out and direct the implementation of plans on development of libraries and their attached library systems.

2. To ensure the annual funding for their attached libraries.

3. To organize the direction of emulation and commendation work in library activities of their agencies; to inspect and examine the observance of the library legislation by their attached libraries.

Article 23.- Responsibilities of the People�s Committees of all levels

1. The provincial-level People�s Committees:

a/ To work out planning and plans for development of libraries in their respective localities in line with the development strategy, planning and plans of the culture and information service;

b/ To ensure the annual funding for provincial-level libraries;

c/ To organize and direct the work of emulation and commendation in library activities in their localities;

d/ To inspect or examine the observance of the library legislation; to settle complaints and denunciations and handle violations of the library legislation committed in their localities according to the provisions of law.

2. The district-level People�s Committees:

a/ To implement plans worked out by the provincial-level People�s Committees on library development in their localities;

b/ To ensure the annual funding for district-level libraries;

c/ To inspect or examine the observance of the library legislation; to settle complaints and denunciations and handle violations of the library legislation committed in their localities according to the provisions of law.

3. The commune-level People�s Committees:

a/ To implement plans worked out by the district-level People�s Committees on library development in their localities;

b/ To realize the socialization of grassroots library activities;

c/ To balance funds for library development and allowances for librarians in commune-level libraries;

d/ To inspect or examine the observance of the library legislation; to settle complaints and denunciations and handle violations of the library legislation committed in their localities according to the provisions of law.

Chapter VI

COMMENDATION, HANDLING OF VIOLATIONS, COMPLAINTS AND DENUNCIATIONS

Article 24.- Commendation

Organizations and individuals that record achievements in the cause of library building and development shall be awarded merit certificates, orders and/or medals, or conferred honorable titles by the State according to the provisions of the legislation on commendation.

Article 25.- Handling of violations

Persons who violate the provisions of this Decree and other provisions of the library legislation shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability according to the provisions of law. If damage is caused, compensations therefor must be made as prescribed by law.

Article 26.- Complaints and denunciations

Organizations and individuals may lodge complaints; individuals may lodge denunciations to competent State agencies about law-breaking acts committed in library activities. The order and procedures for complaints and denunciations as well as the competence to settle complaints and denunciations in library activities shall comply with the provisions of the legislation on complaints and denunciations.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 27.- Effect of the Decree

This Decree takes effect 15 days after its signing. The previous stipulations, which are contrary to this Decree, shall all be hereby annulled.

Article 28.- Implementation responsibilities

1. The Minister of Culture and Information shall have to guide in detail and organize the implementation of this Decree.

2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People�s Committees of the provinces or centrally-run cities shall have to implement this Decree.

3. Basing themselves on the practical situation of library activities of other State agencies, political organizations and socio-political organizations, agencies and organizations shall apply the provisions of this Decree to library activities at their respective agencies and organizations.

On behalf of the Government

Prime Minister
PHAN VAN KHAI